2007 Legislation
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SENATE JOINT MEMORIAL NO. 104 – Prescriptn drug ad, content


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Bill Status

SJM104................................................by HEALTH AND WELFARE
PRESCRIPTION DRUGS - ADVERTISEMENT - Stating findings of the Legislature
and requesting the Congress of the United States to enact legislation
requiring specific content for prescription drug advertising with
name-brand drug identifications.
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Health/Wel

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                               SENATE JOINT MEMORIAL NO. 104
                              BY HEALTH AND WELFARE COMMITTEE
  1                                   A JOINT MEMORIAL
  5        We, your Memorialists, the Senate and the House of Representatives of  the
  6    State of Idaho assembled in the First Regular Session of the Fifty-ninth Idaho
  7    Legislature, do hereby respectfully represent that:
  8        WHEREAS,  every  year over 36,000 direct-to-consumer, name-brand prescrip-
  9    tion drug advertisements are submitted to the  United  States  Food  and  Drug
 10    Administration  and  immediately  advertised in the television, radio or print
 11    media. In addition, brochures promoting these  name-brand  prescription  drugs
 12    are distributed to physicians without prior United States Food and Drug Admin-
 13    istration review; and
 14        WHEREAS, between 1997 and 2005, pharmaceutical company spending on direct-
 15    to-consumer advertising has increased twice as fast as spending on drug promo-
 16    tion to physicians or on research and development; and
 17        WHEREAS,  the  pharmaceutical  companies describe their direct-to-consumer
 18    advertisements as general public health education, even though such advertise-
 19    ments often contain inaccuracies that range from the minimization of the  pre-
 20    scription  drug's  risks  to  promotion  of unapproved uses to false claims of
 21    superiority over competitors' products; and
 22        WHEREAS, spending on direct-to-consumer  advertisements  skyrocketed  from
 23    $80 million in 1996 to $4.2 billion in 2005; and
 24        WHEREAS,  the  United States Food and Drug Administration has no statutory
 25    authority to preapprove content of direct-to-consumer prescription drug adver-
 26    tisements; and
 27        WHEREAS, the United States Food and Drug Administration enforcement of its
 28    regulations on direct-to-consumer prescription drug advertising has been inad-
 29    equate and ineffective; and
 30        WHEREAS, almost one-half of the $20.8 billion increase in retail  spending
 31    on prescription drugs in 2000 was driven by the sale of the fifty most heavily
 32    advertised  name-brand  prescription  drugs,  and the other 9,850 drugs repre-
 33    sented the other one-half; and
 34        WHEREAS,  direct-to-consumer  prescription  drug  advertising   encourages
 35    patients to request name-brand prescription medications that are not necessar-
 36    ily  medically  indicated, resulting in a twenty-five percent increase in pre-
 37    scriptions for the fifty most heavily advertised drugs between 1999 and  2000,
 38    compared to a four percent increase for other drugs; and
 39        WHEREAS,  consumers  who have been exposed to direct-to-consumer prescrip-
 40    tion drug advertisements are much more likely to request and receive  a  name-
 41    brand  prescription  drug  even  though  there  may  be other options that are
 42    equally effective and far less expensive; and
 43        WHEREAS, direct-to-consumer advertising is limited to only the most expen-
 44    sive and profitable drugs; and
  1        WHEREAS, the increase in prescriptions of  the  direct-to-consumer  adver-
  2    tised,  name-brand  drugs is driving up the cost of our entire healthcare sys-
  3    tem; and
  4        WHEREAS, as in the Vioxx case, direct-to-consumer advertisements are often
  5    released as soon as a drug is approved by the FDA  and  before  the  long-term
  6    side  effects  are known, causing unwitting Americans to become test subjects;
  7    and
  8        WHEREAS, the United States is only  one  of  two  western,  industrialized
  9    countries  that has not banned all direct-to-consumer prescription drug adver-
 10    tisements.
 11        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 12    of the Fifty-ninth Idaho Legislature, the Senate and the House of  Representa-
 13    tives  concurring  therein,  that  we respectfully request the Congress of the
 14    United States to enact legislation to require specific content for advertising
 15    of prescription drugs including information regarding who may be  at  risk  of
 16    disease,  detailing  nonpharmacological  options,  and  describing alternative
 17    treatments as well as to appropriate additional funds  to  the  United  States
 18    Food  and  Drug  Administration to hire adequate staff to handle the increased
 19    workload of screening direct-to-consumer advertisements for adherence  to  the
 20    new standard.
 21        BE  IT  FURTHER  RESOLVED  that the Secretary of the Senate be, and she is
 22    hereby authorized and directed to forward a copy of this Memorial to the Pres-
 23    ident of the Senate and the Speaker of the House of  Representatives  of  Con-
 24    gress, and the congressional delegation representing the State of Idaho in the
 25    Congress of the United States.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16943

This memorial outlines concerns regarding direct-to-consumer
advertising to pharmaceuticals.  The memorial also requests
Congress to exercise more control over advertising content and
provide adequate funding so that the Food and Drug Administration
can provide adequate oversight of direct-to-consumer advertising.

                          FISCAL IMPACT

There is no fiscal impact to the state general fund.

Name: Senator Elliot Werk, Senator Chuck Coiner
Representative Margaret Henbest
Representative Sue Chew
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                          SJM 104